[2011] KEHC 1666 (KLR)

[2011] KEHC 1666 (KLR)

The court held that the proper party to be sued in matters challenging decisions of a statutory board is the board itself as a body corporate, not its individual officers such as the Secretary. Since the applicant sued the Secretary to the Board, who is not a corporate entity and lacks legal capacity to be sued in this context, the proceedings were improperly constituted. The court found that the law is clear that the Board of Governors, as established under the Education Act and relevant orders, is the only entity capable of being sued for its decisions. Consequently, the application was struck out for want of a proper respondent.

Citation
[2011] KEHC 1666 (KLR)
Parties
Applicant: Joyce Mudola Yakhama; Respondent: Secretary to the Board of Governors, Musingu High School-Kakamega
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
13 June 2011
Case Number
Miscellaneous Civil Application 2 of 2009
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection/striking Out Motion
Outcome
motion struck out for want of proper respondent
Judges
LK Kimaru
Legal Topics
Proper Parties to Sue, Judicial Review Procedure, Corporate Liability of Statutory Bodies
Source Language
English
Civil Procedure Administrative Law Proper Parties to Sue Judicial Review Procedure Corporate Liability of Statutory Bodies

Case Brief

Summary, issues, holding and outcome

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Parties

Joyce Mudola Yakhama

Applicant

Secretary to the Board of Governors, Musingu High School-Kakamega

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection/striking Out Motion

Legal Issues

  1. 1 Whether the Secretary to the Board of Governors is a proper party to be sued in judicial review proceedings challenging a decision of the Board.
  2. 2 Whether the proceedings are properly before the court given the party sued.
  3. 3 Whether the applicant's termination was properly challenged against the correct legal entity.

Ratio Decidendi

The court held that the proper party to be sued in matters challenging decisions of a statutory board is the board itself as a body corporate, not its individual officers such as the Secretary. Since the applicant sued the Secretary to the Board, who is not a corporate entity and lacks legal capacity to be sued in this context, the proceedings were improperly constituted. The court found that the law is clear that the Board of Governors, as established under the Education Act and relevant orders, is the only entity capable of being sued for its decisions. Consequently, the application was struck out for want of a proper respondent.

Court Disposition

motion struck out for want of proper respondent

Orders

  • The Notice of Motion dated 27th January 2009 is struck out.
  • No order as to costs.